CRIME VICTIMS FAQ |
Do I need to consult with an attorney?
Yes. Although you will most likely not need to retain an attorney to assist you with the criminal prosecution of your case, you may need an attorney in several related cases. An attorney can assist you in securing reimbursement for your medical expenses or lost wages through the West Virginia Crime Victim’s Compensation Fund. There is no charge for you to hire an attorney to assist you with the application. An attorney may also help you discover if there are resources available to help you obtain compensation for your pain and suffering through a civil case. Contact our office for a free consultation to explain these processes to you.
How can I be compensated for the losses that I have suffered?
Depending upon your case, you may be able to be compensated by bringing a civil case against the offender or a third party. Some of the losses, including your medical bills and lost wages may be compensated through the West Virginia Crime Victim’s Fund. You may receive compensation for other losses through restitution in a criminal case.
What is the difference between these three kinds of cases?
In the civil case, you may receive damages for economic and non-economic losses. In the criminal case, the offender may be convicted of a felony or misdemeanor, may be required to pay fines, serve time in prison or be placed on probation or parole. In a case involving a crime victim’s fund application, you may be able to receive some damages, but those will be limited to out-of-pocket damages.
How much will it cost to retain your office in a civil case?
All civil cases involving crime victims are taken on a contingency fee basis and are treated like a personal injury matter. You will not need to pay any amounts towards a retainer fee.
Why would a victim of crime choose a civil lawsuit?
Victims have many reasons for deciding to initiate a civil lawsuit. A lawsuit may be used to recover the costs of medical expenses or lost wages. It may also be used to compensate the victim for pain and suffering, damage to family relationships, and psychological damage inflicted. Many victims pursue a civil lawsuit to seek justice in their case. The financial punishment which may result from a civil lawsuit may be an appropriate way to make the offender understand the losses a victim has suffered. A civil lawsuit can serve as a way for victims to make a public statement that a crime occurred if the victim was told by criminal justice officials that there was not enough evidence to pursue criminal prosecution.
What is the West Virginia Crime Victim’s Compensation Fund?
The West Virginia Legislature enacted legislation (WV Code §14-2A) in 1981 creating the crime victims program within the West Virginia Court of Claims. The Act provides for compensation to innocent victims of crime who have suffered personal injury and who have incurred out-of-pocket losses as a result of criminally injurious conduct.
What types of crimes does the fund provide compensation for?
The fund provides compensation only for crimes resulting in personal injury. These include:
• Drunk driving |
• Assault and battery • Child abuse/molestation • Domestic violence • Murder • Robbery |
• Sexual assault • Kidnaping • Hunting accident • Arson • Other violent crimes |
What are the other requirements for me to receive compensation?
Besides being a victim of a crime involving a personal injury, you will also need to demonstrate the following:
- You must meet the residency requirement:
The crime must either have occurred in West Virginia, or
You must be a West Virginia resident injured in another State without a compensation program, or
You must be a West Virginia resident injured outside the United States as a result of terrorism. - You must:
fully cooperate with law enforcement offices,
file the claim within two years of the date of the incident, and
have suffered an economic loss - And: the crime must be reported to law enforcement officials. However, there is no requirement that the defendant be found guilty or that the matter be prosecuted.
What if the victim is a child?
The claim can be filed by the legal guardian or anyone who has paid the child’s expenses.
What if the victim is deceased?
An executor or executrix may file the claim, as a spouse or dependent who suffers non-economic loss by the death of the victim.
What types of expenses can be paid?
The Fund can reimburse the following expenses if they are incurred as a direct result of a crime as long as there are no other sources of reimbursement available.
| • Medical/dental expenses • Mental health counseling • Lost wages/income • Funeral/burial |
• Lost support of eligible dependents • Replacement service loss • Mileage to medical treatment facility |
Are there maximum amounts that can be awarded?
If a victim is injured, the maximum amount of the award is $25,000.00. If the victim is killed, the maximum award is $35,000.00.
How do I apply for compensation through the fund?
Since attorney fees will be paid by the Fund at no cost to the claimant regardless of the outcome of the claim, you should contact an attorney. Attorney's fees are paid from the Fund, not from awards.
What is the process for filing the claim?
Contact our office or the victim’s advocate with your prosecuting attorney or visit the funds website for details on the procedures for filing a claim. You may also view the fund’s website at http://www.legis.state.wv.us/Joint/victims/main.cfm.
Do you represent victims in criminal cases?
No. The prosecuting attorney in your county will prosecute your case.
The criminal system seems so unfair towards victims. Do victims have any rights?
Yes. The West Virginia Victims Protection Act of 1984, guarantees victims in state court the following rights:
- Victims must be advised of any plea agreement with the accused.
- Victims have the right to make a victim impact statement, the right to appear before the judge at sentencing, and the right to make a statement as to the effect the crime had on the victim and his/her family.
- Victims have the right to the return of property seized as evidence or used in the course of the investigation or trial.
- Victims have the right to notification by the prosecuting attorney of court dates and any schedule changes.
- Victims have the right to receive court ordered restitution from the offender for physical, psychological and economic injury or loss. See W. VA. Code 61-11A-1, et seq, (1989 Repl. Vol.).
I think my offender is in jail, how can I find out?
If the offender is incarcerated in a regional jail in West Virginia, you can search the website for the Regional Jails, http://www.wvrja.com/. You may also obtain information about where the offender in the custody of the Division of Corrections is incarcerated by contacting VINE at 1-866-WV4-VINE. If the offender is in federal prison, you may search the Bureau of Prisons website to locate an inmate, http://www.bop.gov/iloc2/LocateInmate.jsp.
How do I get information on my case such as the next court date?
If your case is being prosecuted, you should contact the prosecuting attorney in your county to assist you.
Where do I find information about the Prosecuting Attorney?
You may contact the prosecuting attorneys in the Eastern Panhandle as follows:
Berkeley County Prosecuting Attorney 304-264-1974
http://www.berkeleycountycomm.org/prosecuting_attorney.htm
Jefferson County Prosecuting Attorney 304-728-3243
http://www.jeffersoncountywv.org/PA.html
Morgan County Prosecuting Attorney 304-258-8620
http://www.morgancountyeda.com/gov/morgancountyprosecutor.html
What are the stages in a criminal case?
Most criminal cases involving adults have the following stages.
| Felony | Misdemeanor |
| Arraignment (Magistrate Court) Preliminary Hearing Grand Jury Pre-Trial Trial/Plea Sentencing Appeal(s) Prison/Probation Parole (After Prison) |
Arraignment Trial Sentencing Appeal(s) |
Any criminal offense punishable by imprisonment for a term exceeding one year is a felony. Other offenses are misdemeanors.
What is restitution?
Restitution is an amount that the judge may order the defendant pay to compensate the victim for expenses.
Is there anyway for me to be notified if the offender is going to be released?
Victims may call 1-866-WV4-VINE to register to receive automatic phone notification when an offender’s status changes. Victims may also register to receive notification by e-mail at www.vinelink.com.
Will I have to testify in court?
In criminal cases, victims and witnesses may be needed to testify in court. Sometimes, victims and witnesses testify on more than one occasion. This question really depends on the circumstances of your individual case. The victim’s advocate with the Prosecuting Attorney’s office in your county can answer the questions about your specific case, as well as other questions pertaining the criminal prosecution of your case.
Does West Virginia have a sex offender registry?
Yes. Most persons convicted of sex crimes are required to register. You may view the West Virginia registry at http://www.wvstatepolice.com/sexoff/. You may also contact the registry at Registry at (304) 746-2133.
Are there any hotlines that operate for certain types of crimes?
Yes. You may report child abuse and neglect at 1-800-4-A-CHILD. A nationwide domestic violence hotline is available at 1-800-799-SAFE. You may contact the National Sexual Assault Hotline at 1-800-656-HOPE. All crimes may be reported through 911 or your local law enforcement agencies.
How much do your services cost in a crime victim’s case?
If you need our help in seeking compensation through the West Virginia Crime Victim’s Fund, there is no fee since the fund will pay our legal fees. If you need our help in seeking civil remedies to compensate you for lost wages, medical bills or pain and suffering, our office typically accepts those cases on a contingency fee. This means that we will only be compensated if we win.
I can't afford to pay the medical bills for the treatment I received after being a victim of a crime. What can I do?
Payment for medical bills may be obtained through the Crime Victim’s Assistance Fund, through an award for restitution, or may be available through insurance or third parties. Please call our office at 303-263-6601 to set up a free consultation to determine which resources are best suited for your situation.